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Wyoming Department of Education Special Programs Division Present Levels of Academic Achievement and Functional Performance and Annual Measurable Goals.

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Presentation on theme: "Wyoming Department of Education Special Programs Division Present Levels of Academic Achievement and Functional Performance and Annual Measurable Goals."— Presentation transcript:

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2 Wyoming Department of Education Special Programs Division Present Levels of Academic Achievement and Functional Performance and Annual Measurable Goals December 2010

3 Free and Appropriate Public Education (FAPE) Evaluation What are the needs as determined from the Multidisciplinary Team evaluation reports? IEP Needs What are the student’s needs according to the IEP Team? These should include all of the needs as determined through the evaluation process. IEP Goals Does the IEP contain specific, measurable annual goals that address all of the student’s areas of need? They should be ambitious yet reasonable. Services Is the student receiving adequate special education, related services, and supplementary aids and services to enable the student to meet his or her annual goals? Educational Benefit Could include: measurable progress on IEP goals, attainment of goals, proficiency on assessments, passing grades, increases in diagnostic test scores, etc. December 1,

4 The Pertinent Federal Regulations 34 C.F.R. § (a)(1): …IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with §§ through , and that must include- December 1, 20103

5 (1) A statement of the child’s present levels of academic achievement and functional performance, including – (i) how the child’s disability affects the child’s involvement and progress in the general education curriculum (i.e., the same curriculum as for nondisabled children); or (ii) for preschool children, as appropriate, how the disability affects the child’s participation in appropriate activities; December 1, 20104

6 34 C.F.R. § (a): In developing each child’s IEP, the IEP team must consider – (i) The strengths of the child; (ii)The concerns of the parents for enhancing the education of their child; (iii) The results of the initial or most recent evaluation of the child; and (iv) The academic, developmental and functional needs of the child. December 1, 20105

7 What is academic achievement? Academic achievement generally refers to a child’s performance in academic areas (e.g., reading or language arts, math, science, and history). 71 Federal Register December 1, 20106

8 What does functional mean? Functional is a term that is generally understood to refer to skills or activities that are not considered academic or related to a child’s academic achievement. Instead, functional is often used in the context of routine activities in everyday life. See 71 Federal Register December 1, 20107

9 The PLAAFP section of the WDE IEP model form December 1, 20108

10 Sources of Information for Present Levels Progress monitoring (Curriculum Based Measures) Classroom performance District and statewide assessments Tests and observations done during the child’s evaluation for eligibility Evaluations conducted during the year including any independent evaluations Teacher input on day-to-day school routine Information from parents Other December 1, 20109

11 Practice Tip Present levels of performance should describe the child with specificity across environments and up to the moment. It should be a culmination of past and current performance. December 1,

12 Quality PLAAFPs: Are specific and individualized. Address all relevant domains:  Academic  Social emotional (including behavior)  Communication  Recreation and leisure (extracurricular)  Health/Physical/Medical (including hearing and vision information)  Assistive Technology (use and potential need)  Post-secondary transition (Jobs and job training, post- secondary education, community participation, home/independent living. Include statements that are supported with data from one of the previously mentioned sources. December 1,

13 Problematic PLAAFPs: Include subjective comments without a clear description or supporting data. List test scores with no context or relevant information included. Fail to consider all relevant educational domains. Contain generic “cookie-cutter” language, failing to individualize. Fail to consider performance across settings. December 1,

14 What About Special Factors? See 34 C.F.R. § (a)(2) Another area in the IEP which documents specific areas of student need. ◦ Behavior ◦ Limited English Proficiency ◦ Blind or Visually Impaired ◦ Communication ◦ Assistive Technology If there are student needs in these areas, they will need to be addressed in the IEP. The Special Factors section should accurately represent the needs of the individual child and is a source of meaningful information for the PLAAFP. December 1,

15 December 1,

16 Free and Appropriate Public Education (FAPE) Evaluation What are the needs as determined from the Multidisciplinary Team evaluation reports? IEP Needs What are the student’s needs according to the IEP Team? These should include all of the needs as determined through the evaluation process. IEP Goals Does the IEP contain specific, measurable annual goals that address all of the student’s areas of need? They should be ambitious yet reasonable. Services Is the student receiving adequate special education, related services, and supplementary aids and services to enable the student to meet his or her annual goals? Educational Benefit Could include: measurable progress on IEP goals, attainment of goals, proficiency on assessments, passing grades, increases in diagnostic test scores, etc. December 1,

17 The Pertinent Federal Regulations 34 C.F.R (a)(2) (a) General. As used in this part, the term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with §§ through that must include (2)(i) A statement of measurable annual goals, including academic and functional goals designed to- (A) Meet the child’s needs that result from the child’s disability to enable the child to be involved in and make progress in the general education and curriculum; and (B) Meet each of the child’s other education needs that result from the child’s disability December 1,

18 Identifying Goal Areas Goals are crafted in response to identified areas of need/skill deficits as documented in the present levels. In most cases every identified need/skill deficit will be addressed through a goal. December 1,

19 What does measurable mean? The regulations are clear on the requirements for IEP goals. IEP goals must be measurable and designed to meet the child’s needs that result from the child’s disability to enable the child to be involved in and make progress in the general education curriculum, and to meet each of the child’s other educational needs that result from the child’s disability. 71 Federal Register December 1,

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21 Quality Goals: Sufficiently use objective criteria for measuring progress. Need to be specific. Must consider the unique needs of the child. Include baseline, target and method of measurement. December 1,

22 Problematic Goals: Are lacking one or more components to ensure measurability. Are broad or vague to permit clear measurement of the student’s progress. Do not consider the unique needs of the child.  Ignore relevant areas of the PLAAFP.  Describe expectations for all students in the class, not targeting the specific needs of the child (“Johnny will pass all core classes with 70% or better”). December 1,

23 Amending of Goals Goals in their very nature are “fluid”. As students progress or show a lack of progress on goals, these goals need to be amended, when appropriate between annual IEPs. December 1,

24 Practice Tip: The statement of present levels and annual goals should pass the “Stranger Test.” Can the unfamiliar reader understand the student’s current skill level, the skill to be attained in the annual goal, and how progress will be measured? December 1,

25 Case Law The following slides are case law that support the topic we have discussed today and provide additional evidence of the necessity for accurate and clear PLAAFPs and measurable goals. December 1,

26 Case Law Evans v. Board of Education of the Rhinebeck Central School District, 24 IDELR 338 (S.D.N.Y. 1996). December 1,

27 Case Law Kuszewski v. Chippewa Valley Schs., 34 IDELR 59 (E.D. Mich. 2001), aff'd, 38 IDELR 63 (6 th Cir. 2003). December 1,

28 Case Law Independent Sch. Dist. No. 701 v. J.T., 45 IDELR 92 (D. Minn. 2006). December 1,

29 Case Law Friedman v. Vance, 24 IDELR 654 (D. Md. 1996). December 1,

30 Case Law E.S. v. Katonah-Lewisboro Sch. Dist., 55 IDELR 130 (S.D.N.Y. 2010), citing D.D. v. New York City Bd. of Educ., 46 IDELR 181 (2 nd Cir. 2006). December 1,

31 In Summary: A quality, legally compliant IEP starts with descriptive present levels of academic achievement and functional performance. The present levels statement connects to crafting measurable annual goals. In order to be measurable, an annual goal should contain the student’s current skill level (baseline), the skill level to be attained (target), and how the progress will be measured (method of measurement). IEPs that do not contain these elements or are not measurable may result in a denial of FAPE. December 1,

32 Q & A Session December 1,


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